HERBERT, J.
Two questions are presented by this appeal. (1) Was it error for the trial court to proceed to trial without making a determination of defendant's present sanity after counsel filed a motion therefor under Section 2945.37, Revised Code? (2) Was the evidence discovered at defendant's residence under the circumstances of this case admissible at the trial?
The pertinent portion of Section 2945.37, Revised Code, reads:
"If the attorney...
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